Table of Contents Preliminary Statement Questions Involved Developments in These Cases Since the Last Argument The Kansas case The Delaware case The South Carolina case The Virginia case Argument Declaratory provisions Time provisions Conclusion …
Questions 4 and 5, left undecided and now the subject of discussion in this brief, follow: …
On September 3, 1953, the Topeka School Board adopted the following resolution: Be it resolved that it is the policy of the Topeka Board of Education to terminate the maintenance of segregation in the elementary schools as rapidly as is practicable. On September 8, 1953, appellees ordered segregation terminated in two of the nineteen school districts in Topeka. In September, 1954, segregation was …
I. Answering Question 4: Only a decree requiring desegregation as quickly as prerequisite administrative and mechanical procedures can be completed will discharge judicial responsibility for the vindication of the constitutional rights of which appellants are being deprived In the normal course of judicial procedure, this Court's decision that racial segregation in public education is uncon…
Much of the opposition to forthwith desegregation does not truly rest on any theory that it is better to accomplish it gradually. In considerable part, if indeed not in the main, such opposition stems from a desire that desegregation not be undertaken at all. In consideration of the type of relief to be granted in any case, due consideration must be given to the character of the right to be protec…
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